This was an application to the District Court to set aside a default judgment. The first issue concerned whether or not the default judgment was irregularly obtained. The applicant argued that, on an application for substituted services of the claim and statement of claim, the respondent read inadmissible evidence – doing so was said to be a failure to strictly comply with the Court’s rules and rendered the default judgment irregular. Everson DCJ rejected the argument. The second issue concerned the conditions to be placed on the applicant as a condition of the default judgment being set aside – the respondent sought costs and a sum of money as security. Everson DCJ ordered that the applicant pay the respondent’s costs of obtaining default judgment and of the application to set aside the default judgment.
Anthony Messina appeared for the respondent instructed by Scoglio Law.
The judgment can be read in full here.